Search

Failure to Report: An Ongoing OSHA Violation

Posted on 7/30/2015 by Roger Marks

On July 29, 2015, OSHA proposed a new rule to clarify employers’ injury and illness reporting and recordkeeping (I2P2) responsibilities. Namely, the new rule seeks to make it clear that recording of injuries is an ongoing responsibility—meaning employers must keep records of injuries and illnesses even in cases when the employer failed to record it when first required to do so.
OSHA injury illness reporting
While the proposed rulemaking is largely administrative—employers’ reporting obligations will not change—the “ongoing” nature of reporting violations is important. The OSH Act sets a six-month statute of limitations for OSHA violations. If a violation occurred more than six months ago, the law prohibits an OSHA inspector from issuing a citation. By clarifying that reporting incidents are ongoing violations, OSHA side-steps the six-month statute of limitations. A reporting violation is ongoing until the employer corrects it, and a citation may be issued even when the initial failure to report occurred outside of the six-month window.  

Comparing the ongoing nature of injury and illness reporting violations to court decisions in cases involving unpaid child support (US v. Edelkind), predatory banking practices (Postow v. OBA Federal Savings & Loan), prisoner escape from Federal custody (US v. Bailey), failing to register as a sex offender (US v. George), unregistered immigration (US v. Franklin), and more, OSHA’s proposed rule makes it clear that failure to record an injury or illness is an ongoing violation of Federal work safety standards.

In the new proposed rule, OSHA states, “As long as the employer fails to comply with its ongoing duty to record an injury or illness, there is an ongoing violation of OSHA’s recordkeeping requirements that occurs every day employees work at the site.”

What’s Changing for Employers?

The proposed OSHA recordkeeping rule makes additions, deletions, and wording changes to 29 CFR 1904, to clarify the requirements for employers. Based on preliminary economic analysis, OSHA states that these proposed revisions do not constitute an economically significant regulatory action. The full text of the proposed rule is available here.

Subscribe to Get Insights Direct to Your Inbox

Subscribe to Lion News now for updates and insight on the regulatory actions that affect your facility: OSHA workplace safety; DOT, IATA, and IMDG hazardous materials shipping; and managing compliance with EPA’s hazardous waste, air, water, and chemical standards.

Tags: new, osha, reporting and recordkeeping, rules

Find a Post

Compliance Archives

Lion - Quotes

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

This is the best RCRA training I've experienced! I will be visiting Lion training again.

Cynthia L. Logsdon

Principal Environmental Engineer

I will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

Download Our Latest Whitepaper

Shipping papers are a crucial part of safely shipping hazardous materials. See the top 5 mistakes shippers make on shipping papers, and how to avoid them.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.